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MATZ v. HOUSEHOLD INTERN. TAX REDUCTION INV. PLAN

No. 00-1109.

227 F.3d 971 (2000)

Robert J. MATZ, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. HOUSEHOLD INTERNATIONAL TAX REDUCTION INVESTMENT PLAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 21, 2000.

Attorney(s) appearing for the Case

Steven J. Rotunno (argued), Kubasiak, Cremieux, Fylstra, Reizen & Rotunno, Chicago, IL, for Plaintiff-Appellee.

James P. Baker (argued), Brobeck, Phleger & Harrison, San Francisco, CA, Luke DeGrand, Clark & DeGrand, Chicago, IL, for Defendant-Appellant.

Before BAUER, COFFEY and KANNE, Circuit Judges.

BAUER, Circuit Judge.

Robert J. Matz and other employees of Hamilton Investments, Inc. lost their jobs and the non-vested portions of their retirement benefit plan in 1994 when the company was sold. Matz filed suit on behalf of himself and other terminated employees who were participants in the ERISA pension plan, claiming entitlement to the benefits as a result of a partial termination of the plan. To prove partial termination, he seeks to count both vested and non...

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